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TUPE and Furlough

Do you know the rules relating to Furlough where an employer changed from a sole trader to a Limited company as at 1 March 2020. No changes to employees, premises etc.
Would this company be able to furlough their employees?

Comments

  • Jeremy535897
    Jeremy535897 Posts: 10,771 Forumite
    10,000 Posts Fifth Anniversary Photogenic Name Dropper
    This is a question that needs to be put to HMRC. There is no guidance at present.
  • I have spoken to HMRC Covid- 19 helpline and they could offer no assistance either. Is it possible for MSE to ask the question?
  • Jeremy535897
    Jeremy535897 Posts: 10,771 Forumite
    10,000 Posts Fifth Anniversary Photogenic Name Dropper
    I'm not a moderator. If they are monitoring this, who knows? 
  • Galloglass
    Galloglass Posts: 1,288 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Were the employment contracts moved over on 1st March and did people agree? 
    • All land is owned. If you are not on yours, you are on someone else's
    • When on someone else's be it a road, a pavement, a right of way or a property there are rules. Don't assume there are none.
    • "Free parking" doesn't mean free of rules. Check the rules and if you don't like them, go elsewhere
    • All land is owned. If you are not on yours, you are on someone else's and their rules apply.
    Just visiting - back in 2025
  • Yes all the same staff and contracts and working patterns but the PAYE scheme was not set up on 28 February.
  • Galloglass
    Galloglass Posts: 1,288 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    How did you run the March payroll as that will be the definitive one? If they were all on the new Ltd company payroll run in March then the changes will be visible to HMRC. 

    The rules are clear but only cover the standard issues and not any changes that happened in between 28th Feb and now.
    • All land is owned. If you are not on yours, you are on someone else's
    • When on someone else's be it a road, a pavement, a right of way or a property there are rules. Don't assume there are none.
    • "Free parking" doesn't mean free of rules. Check the rules and if you don't like them, go elsewhere
    • All land is owned. If you are not on yours, you are on someone else's and their rules apply.
    Just visiting - back in 2025
  • Not sure what you mean by how was the payroll run in March?
    The payroll was run and submitted exactly the same (3rd party software) as the sole trader was run, with all same employees and pay amounts with previous pay details entered as the ltd company was a new entity so new PAYE scheme reference numbers.
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